TMI Blog2023 (6) TMI 642X X X X Extracts X X X X X X X X Extracts X X X X ..... ity - HELD THAT:- As regard the merit of the case, the issue has been decided against the appellant in as much as the larger bench in the case of ISPAT INDUSTRIES [ 2007 (2) TMI 5 - CESTAT, MUMBAI ] held that when partly goods are sold to independent buyer and partly to the assessee s own unit, the transaction value of the goods at which the goods is sold to independent buyer shall be taken as tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... payment of duty. Therefore, in such circumstances the demand of extended period cannot be invoked - The demand for the extended period is set aside. Appeal allowed. - Excise Appeal No. 13659-13660 of 2013 - DB - A/11236-11237/2023 - Dated:- 12-6-2023 - MR. RAMESH NAIR, MEMBER (JUDICIAL) AND MR. C L MAHAR, MEMBER (TECHNICAL) Shri S.J. Vyas, Advocate for the Appellant Shri P.Ganesan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lant at the outset submits that the issue has attained finality against the appellant as per the larger bench judgment in the case of ISPAT INDUSTRIES LTD. Reported in 2007 (2) TMI CESTAT (Mumbai) however, he submits that the demand is not sustainable on the ground of time bar. It is his submission that the issue was not free from doubt and being contrary decision of the tribunals, the matter wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tly goods are sold to independent buyer and partly to the assessee s own unit, the transaction value of the goods at which the goods is sold to independent buyer shall be taken as transaction value for the goods cleared to the related person by the assessee. However, the learned counsel has vehemently argued on limitation. We find that since the issue was not free from doubt and the matter was ref ..... X X X X Extracts X X X X X X X X Extracts X X X X
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